What is a Prenup and How Does it Work During Divorce? 

When planning to get married, signing a prenuptial agreement or prenup may be part of your planning process. For some, a prenuptial agreement can feel distrustful of your spouse, or it may feel as though you are preparing for divorce before you are married. However, a prenuptial agreement can provide certain safeguards and protections for both spouses, making the divorce process much easier.

If you are getting married and are thinking of a prenup, it can help provide peace of mind about your financial status as you navigate both marriage and divorce. However, filing your prenuptial agreement correctly and ensuring it is in place is a crucial part of the process. If your prenup is not filed correctly, it may be considered invalid and not provide the resources you expected.

What Can I Expect from a Prenuptial Agreement?

A prenuptial agreement is a contract between two people who plan to marry, with specific agreements on aspects of their marriage as governed by the Uniform Premarital and Marital Agreement Act. These aspects are frequently financial, including an individual’s assets, but they may cover much more than that. This agreement can help settle disputes during a divorce.

For example, suppose you and your spouse bring significant property to the marriage. In that case, you may want to draw up a prenuptial agreement to ensure neither party is given the majority of that property. Laying out the exact details of how your assets will be divided during a divorce can take that strain off if your marriage comes to an end. Rather than making these decisions during your time in divorce court, these issues may already be settled under better circumstances.

That also includes questions of spousal support and maintenance. Spousal support offers financial aid for the spouse with a lower income, which is typically decided during the divorce proceedings. However, a prenuptial agreement can provide some insight into the agreement and any limits you hope to set on your alimony.

Your Prenup Can Help Smooth the Divorce Process

One key benefit of a prenuptial agreement is that it sets you ahead in handling common issues involved with a divorce. Traditionally, you may mediate your case or go straight to court, but with the prenuptial agreement, you may have a much smoother process to complete your divorce proceedings. When parts of your case are already handled, this may be a much faster process for all involved.

Another benefit of a prenuptial agreement is that you may face less court intervention. The fewer issues that must be solved in court, the smoother this process may go, as problems handled in court may escalate. That means you can spend less time in divorce court and more time focusing on other aspects of your life.

As you navigate a divorce, one of the biggest concerns you may have is the growing tension between you and your spouse. Frequently, longer times in the divorce court can lead to higher tensions and escalating issues. When these issues are removed or diminished by a prenup, your prenup can then help protect your future and reduce tension.

What Happens If My Spouse Asks for Rejection of Our Prenup?

Before your marriage, you and your spouse may have agreed on a prenuptial agreement to reduce the difficulties and conflict that can arise during a divorce proceeding. However, your spouse may have decided to pursue a different settlement during your divorce and asked the court to reject your prenuptial agreement.

You may be worried that this will undo the work that your prenuptial agreement was supposed to take care of. Fortunately, you do not have to simply accept a rejection of your original agreement. With legal guidance, you may be able to validate your prenuptial agreement.